DeKalb County Illinois

A lively and well attended early afternoon meeting about two policy proposals on DeKalb rental properties was held Monday (May 9, 2008) at the city administrative center. The policies would increase regulations, enforcement and fees for landlords and/or tenants living in the city.

The meeting was conducted by a panel of city staff members; Mark Biernacki, Russ Farnum, Norma Guess and Jim Kayes. The council chambers was filled with a standing room only audience of landlords and tenants objecting to the proposals. Also in attendance were city council members Vic Wogen (3rd Ward), Donna Gorski (4th), Kris Povlsen (2nd) and Dave Baker (6th).

Biernacki explained that the proposals are part of a two year effort by staff in response to city council direction. According to Biernacki more than half of the city residences are rental properties but a disportionate amount of police and fire calls are required by those residences.

Jim Kayes, a former DeKalb police officer, provided examples of experiences he had at problematic rental homes. He spoke of shootings, gangs and other criminal activity as examples of why a proposed nuisance ordinance was needed.

The proposals would require landlords in the city to apply for and purchase a license that would empower staff with a tool for more stringent enforcement. Landlords could face fines, liens and property seizure should their tenants repeatedly commit crimes or other serious violations of the nuisance ordinance. Fines, liens and property seizure could be the remedies for hazardous code violations. City inspectors, with direction of the City Manager, would have authority to conduct mandatory inspections of rental homes should they believe code violations exist. Severity of levies would be dependent upon the level of cooperation, or the lack thereof.

City attorney, Norma Guess, explained proposed procedures that would provide landlords and tenants with due process in the event of a mandatory property inspection. The tenant and landlord would be notified of an inspection. Should they object to the inspection city staff would petition the circuit courts for a search warrant before conducting the inspection. If objections to findings and punitive measures existed a hearing officer would decide between staff position and landlord/tenant rebuttals, Should the landlord/tenant object to the hearing officer's decision they could seek remedy from the courts.

Guess wrote in a city memo that she believed, while State statutes are silent on inspections of apartments and single family residences, the City's home rule authority granted them the power to conduct mandatory inspections and therefore the proposal was not in violation of the State or U.S. constitutions.

Tim Dunlop, landlord, objected to the nuisance regulation proposals on the basis of subjective enforcement. Dunlop pointed out that people have varying tolerance levels for parties and social gatherings at their neighbors' residences. He said that while the staff proposals attempt to provide uniform citywide enforcement the implementation could easily result in neighborhood by neighborhood policy.

Jennifer MacDonald, a tenant who raised children as a single mom, expressed her concerns by relating a difficult period she experienced and the help she received from neighbors and city staff. She wondered if the neighbors, who intervened in her absence with valuable assistance, would be more reluctant to do so if they believed her or her landlord would be subject to punitive measures.

Brett Brown, executive director of the DeKalb Housing Authority, cautioned against designating low income rental properties as problematic. He discussed concerns related to the nuisance ordinance proposed that could place an undue burden as law enforcement on landlords. He said that landlords should be held accountable for property maintenance. He offered his assistance in future considerations of the proposals.

Kathy Lang, landlord, also questioned whether the proposals put landlords in the position of law enforcement and reported the difficulties of tenant screening in a college town when many were first time renters or those who come from the dorms who would not share personal history on privacy issues. She said even police departments would often decline to offer background information as prevention of violating rights to privacy.

Brian Morsch, landlord, spoke strongly against violating privacy and property rights. He believes the proposal fly in the face of constitutional rights, especially those of the Fourth Admendment.

Jim Mason, landlord, used the strongest language regarding compliance with the U.S. and Illinois Constitutions. Mason reported his involvement in striking down similar proposals in Rockford, a non-home rule community. He said that he believed the mandatory inspections and severity of punitive measures were irrevocable as proposed and therefore would not stand up to a test of the Fourth Admendment of the U.S. Constitution. He stated the licensing and inspection fees and fines were earmarked to pay the salaries of the proposed rental inspection department and that the Illinois Constitution prohibited any fee charged in the State to be used to pay government salaries. He issued a warning of his intent to seek court protection should fees be used to pay salaries.

Sue Besinger, landlord, also questioned the use of fees to pay the salaries of the new inspection department. She, and others, felt the inspection department was motivated more as a remedy for the City's budget crisis than for life and safety issues.

Paul Saucer, landlord, urged city staff to take a step back from the proposals and get more direct input from the landlords and tenants in the city. He reminded those in attendance of the many contributions college student tenants make to the city. He asked that the city council not make decisions on the proposals during the summer when many of those residents would not be in town and have a voice in the proceedings.

While city council members were not on the panel conducting the meeting, aldermen Dave Baker and Kris Povlsen addressed the audience. Baker said that the meeting was a step in the process to seek public input to revise the proposals. Povlsen urged continued community involvement in the process and stated his support for the appointment of a task force to work out solutions.

Safe Passage, DeKalb County's domestic and sexual violence prevention and intervention agency, would like to provide a unique experience for 10 of their young clients by sending them to participate in Reins for Change, an organization located at a private stable and dedicated to providing mental health services using equine therapy. They have worked with schools, hospitals, court services, among others. The staff are trained and certified by the Equine Assisted Growth and Learning Association (EAGALA) and several of their staff have advanced degrees in the mental health field.

Reins of Change staff and horses have helped children understand
themselves a bit better so to begin changing their lives. Testimonials
found on their website www.reinsofchange.com include:

"It was nice to give up control to someone else and follow their movements,"

"It's hard to see why something so big and powerful would pay attention to me?!"

"If you move quick it will startle the horse. If someone hits you and you move quick they will fight back, so you should stay calm,"

"The ability to feel (touch) the horses relaxed and calmed me."

Safe Passage is asking for the community's help to raise money to
provide this wonderful experience for their child and teen clients. If
you are able to donate to this worthy cause, please send your
contribution to Linda Moser at Safe Passage, P.O. Box 621, DeKalb IL
60115. For questions about this project, please contact Linda Moser at
815-756-5228 or lmoser@safepassagedv.org. Safe Passage is a
not-for-profit agency and donations are tax deductible.